The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Treasury Laws Amendment (2019 Measures No. 3) Bill 2019
That the committee does not further insist on its amendments to which the House of Representatives has disagreed.
Export Control Legislation Amendment (Certification of Narcotic Exports) Bill 2020
At the end of the motion, add:
", but the Senate calls on the Government to urgently implement the recommendations contained in the report of the Community Affairs References Committee on its inquiry into current barriers to patient access to medicinal cannabis".
There is a great opportunity for Australian growers to capitalise on growth of current and future products derived from industrial hemp with Global Market Insights predicting the market to surpass US$270 million in size globally, by 2025.
There is a great opportunity for Australian growers to capitalise on growth of current and future products derived from industrial hemp with Global Market Insights predicting the market to surpass US$270 million in size globally, by 2025.
The Senate divided. [10:32]
(The Acting Deputy President—Senator Bilyk)
That this bill be now read a third time.
Treasury Laws Amendment (2020 Measures No. 2) Bill 2020
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
This omnibus Bill includes a series of tax measures including a measure to amend the hybrid mismatch rules, continuing the Morrison Government's work on combating multinational tax avoidance, while ensuring that compliance burdens are kept to a minimum. The Bill also allows employers to report information already required for child support under Single Touch Payroll, further streamlining employer reporting to Government. The Bill establishes a deductible gift recipient general category for men's sheds and women's sheds and includes a number of other organisations on the list of deductible gift recipients. The Bill also includes a measure providing funding for Australia's continued financial support of the World Bank. Finally, this Bill will also allow the ATO to share critical JobKeeper-related information with the Fair Work Commission and the Fair Work Ombudsman to ensure employers comply with the scheme.
Schedule 1 to the Bill amends the Income Tax Assessment Act 1997 , continuing the Government's commitment to tackling multinational tax avoidance, by improving Australia's hybrid mismatch rules, which arebased on one of 15 Actions from the OECD/G20 Base Erosion and Profit Shifting Project.
The hybrid mismatch rules are designed to prevent multinational companies from exploiting differences in the tax treatment of instruments or entities between jurisdictions, which enable those companies to defer or reduce tax.
The amendments in this Bill will ensure that the hybrid mismatch rules operate as intended and help to ensure the integrity of Australia's income tax laws and their application to multinational enterprises. The amendments achieve this by making technical changes to the rules which clarify their operation and prevent the rules from applying in inappropriate circumstances.
Schedule 2 to the Bill amends the Taxation Administration Act 1953 to broaden the information employers can voluntarily report under the Single Touch Payroll rules, to include employer withholding of child support deductions and child support garnishee amounts. This measure will further streamline employer reporting to Government demonstrating the efficiency gains for employers provided by Single Touch Payroll.
Schedule 3 to the Bill amends the Income Tax Assessment Act 1997 to establish a deductible gift recipient (DGR) general category for men's sheds and women's sheds. This will enable sheds to more easily access DGR status from 1 July 2020, which in turn, helps them attract public financial support for their activities. The Morrison Government fully supports the important work undertaken by men's sheds and women's sheds.
Donors to DGR-endorsed sheds can claim an income tax deduction for donations of $2 or more. The DGR tax arrangements are intended to encourage philanthropy and provide support for the not-for-profit sector.
There are currently over 1,000 men's Sheds and around 20 women's sheds. The number of sheds is growing as the movement gains traction for its community work and benefits.
Eligibility for endorsement in this new DGR category requires sheds to demonstrate that their activities advance mental health, and prevent or relieve social isolation.
Schedule 4 to the Bill amends the International Finance Corporation Act 1955 andInternational Monetary Agreements Act 1947 .
The World Bank's International Bank for Reconstruction and Development (IBRD) and the International Finance Corporation (IFC) play a vital role in providing financial assistance and advisory services to middle and low income developing countries.
This assistance creates significant benefits throughout our Indo-Pacific region, allowing countries to reduce poverty and build shared prosperity through investment in much-needed physical infrastructure and improved social outcomes.
The IBRD and IFC periodically raise capital to fund their activities by issuing new shares to member countries such as Australia.
However, our participation in these capital raisings is a costly and time-consuming process; requiring the drafting and introduction of new legislation for each instance where Australia subscribes to an IBRD or IFC capital increase.
These amendments aim to streamline the process by creating a clear legislative framework for Australia to enter into agreements, or amend existing agreements, to subscribe to capital increases. The amendments also establish standing special appropriations that will facilitate payments that Australia has committed to in subscribing to capital increases.
As these types of purchases of shares in the World Bank Group constitute a formal international treaty action, they will always be subject to oversight and consideration by the Joint Standing Committee on Treaties.
The passage of these amendments will also enable Australia to make its
A$154 million contribution to the IBRD's latest capital raising that was announced in October 2018.
Schedule 5 to the Bill amends the Income Tax Assessment Act 1997 to include C.E.W Bean Foundation, Governor Phillip International Scholarship Trust, High Resolves, Australian Academy of Law, Foundation Broken Hill, Motherless Daughters, Superannuation Consumers' Centre and the Headstone Project (Tasmania) on the list of DGRs. This will allow members of the public to receive income tax deductions for the donations they make to these eight organisations.
Schedule 6 to the Bill will allow the Australian Taxation Office to share JobKeeper-related information with the Fair Work Commission and the Fair Work Ombudsman. Access to this information will help the Fair Work Commission and Fair Work Ombudsman address JobKeeper-related compliance issues, in relation to obligations under the Fair Work Act 2009. This measure will help the JobKeeper scheme operate efficiently and equitably.
Full details of these measures are contained in the Explanatory Memorandum.
At the end of the motion, add:
", but the Senate:
(a) notes that:
(i) the JobKeeper scheme requires that employers that have decided to participate must ensure that all eligible employees are nominated for the scheme,
(ii) the decision about employee eligibility is entirely at the discretion of employers, and
(iii) there is currently no avenue for employees to dispute decisions made by their employer to include some, but not all, employees in the scheme; and
(b) calls on the Government to give the Fair Work Commission the power to deal with disputes about whether a worker of an employer participating the JobKeeper scheme is eligible for the JobKeeper payment".
The Senate divided. [11:04]
(The President—Senator Ryan)
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 29 (after line 10), at the end of the Bill, add:
Schedule 7 — Financial report ing obligations for large proprietary companies
Part 1 — Repeal of instrument
ASIC Corporations (Exempt Proprietary Companies) Instrument 2015/840
1 The whole of the instrument
Repeal the instrument.
Part 2 — Grandfathered exemption
Corporations Act 2001
2 Subsection 1408(6) (table item 7)
Repeal the table item.
Part 3 — Application
3 Application
(1) This item applies to a company if, immediately before the commencement of this item, the company was exempted from complying with subsection 319(1) of the Corporations Act 2001 by theASIC Corporations (Exempt Proprietary Companies )Instrument 2015/840 .
(2) Despite the amendments made by Parts 1 and 2, that exemption continues to apply to the company in relation to the 2019-20 financial year.
4 Instruments that provide relief from requirements of Corporations Act—Lodgment of annual reports by large proprietary companies
(1) Despite anything contained in the Corporations Act 2001 , ASIC may not make a legislative instrument, however described, if that legislative instrument would have the effect of relieving the class of companies referred to in subitem (2) of the requirement to comply with subsection 319(1) of the Act for a financial year.
(2) The class of companies is the class of large proprietary companies that was relieved from the requirement to comply with subsection 319(1) of the Corporations Act 2001 due to the operation of theASIC Corporations (Exempt Proprietary Companies) Instrument 2015/840 as in force immediately before the commencement of this Schedule.
The committee divided. [11:23]
(The Chair—Senator Lines)
That this bill be now read a third time.
Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019
… ensure superannuation is compulsory (through the award system) and universal (including through the creation of a new indicative model of retirement income with the first next step being 12% superannuation on all income)
… the removal of the $450 per month earnings threshold and ensuring superannuation is paid on parental leave
… application of representative governance model for all superannuation …
The reality is a first home is much more important than super.
Millions of dollars gets sucked out of the pockets of the battlers in the bush and sent to the blowhards in Sydney and Melbourne …
… available evidence demonstrates a clear causal relationship between not-for-profit representative governance funds and higher levels of returns for members. Both raw and risk-adjusted research supports the proposition that the two governance models produce significantly different returns for their members.
In 2013, Industry Super Australia concluded that had all superannuation funds returned the 5.7 per cent long-term annual average of not-for-profit funds, Australia’s retirement savings would be $88 billion higher. In 2016, a similar analysis showed that if retail funds had earned the same returns as industry super funds between 1996 and 2015, Australia’s pool of super retirement savings would be roughly $105 billion greater; an increase of more than 5 per cent than the actual situation. Based on these figures, an individual member, with a starting balance of $20,000, could have been $36,000 better off by using an industry fund.
Should the bill pass, some superannuation funds would need to re-evaluate how and if they could offer their products. UniSuper is one of the best performing super funds in the country. It offers one of the rarest and most valuable retirement products available, which is an open defined-benefits scheme. This is an incredibly generous product which guarantees retirement incomes for life, and that is why the National Tertiary Education Union bargains for this fund for their workers. Its viability is centred on longevity risk of each member and the fact that it is compulsory. If workers were to choose to be a member then this would be evidence of self-selection into the fund and thus would increase the risk of the product failing.
Should the bill pass, the fund could seriously reconsider the offering of the product to its members and potentially close off entry to one of the most beneficial outcomes for hundreds of thousands of members. The ACTU opposes this bill and is seeking amendments which would protect workers in circumstances where they would be better off having a single fund.
The Senate divided. [12:35]
(The President—Senator Ryan)
(2) Schedule 1, item 6, page 4 (lines 3 and 4), omit the item, substitute:
6 Paragraph 32C(6) (h)
Repeal the paragraph, substitute:
(h) an enterprise agreement:
(i) made before 1 July 2020; or
(ii) if the agreement includes a restriction on the choice of superannuation funds—made on or after 1 July 2020; or
(iii) to which subsection (6AAA) applies; or
[choice of fund]
(3) Schedule 1, item 7, page 4 (before line 7), before subsection 32C(6AA), insert:
(6AAA) For the purposes of subparagraph (6) (h) (iii), this subsection applies to an enterprise agreement that provides for an employee to join a fund in relation to which:
(a) the employee is eligible to become a defined benefit member; and
(b) either or both of the following are satisfied:
(i) the governing rules of the fund permit the employee, within a period specified within those rules, to choose not to remain a defined benefit member;
(ii) the employee may choose another fund.
[choice of fund]
(4) Schedule 1, page 4 (after line 16), at the end of the Schedule, add:
8 At the end of section 32F
Add:
(4) A fund (the selected fund ) cannot become a chosen fund for an employee or a person who will become an employee under this section if the person has become or is eligible to become a defined benefit member pursuant to an arrangement of the kind referred to in subsection 32C(6).
9 Subsection 32NA(2)
After "An employer is not required under section 32N to give an employee", insert "or a person who is eligible to become an employee".
10 Paragraph 32NA(2) (a)
After "the employer is making", insert "or will make".
11 Paragraph 32NA(2) (b)
After "the contributions are made", insert "or will be made".
12 Subsection 32NA(9)
After "An employer is not required under section 32N to give an employee", insert "or a person who is eligible to become an employee".
13 Paragraph 32NA(9) (a)
After "the employee is", insert "or will become".
[choice of fund]
The committee divided. [12:44]
(The Chair—Senator Lines)
Presented by the Chinese People's Volunteers. We Chinese want peace and the British want peace too. We will unite to bring peace to the whole world.
TO: DOUGLAS BUSHBY, United Nations War Correspondent. You have largely contributed to newly organised the Republic of Korea Navy as a member of War Correspondents to the United Nations from the period of April 1953 to August 1953. You have distributed a large quantity of religious tracts and pamphlets regardless the unfavourable conditions, in order to inspire the morale and encourage the religious faith among the officers and men of our Navy and Marine Corps. Especially you served in the fierce battle line under the shower of enemy shells by taking pictures of real battle scenes and spreading them throughout the United Nations. Therefore, I sincerely confer you this letter of appreciation. Mr Bushby, an Australian UN accredited War Correspondent and devout Christian, committed much of his time to relief and missionary work amongst Korean refugees, orphans and North Korean and Chinese prisoners of war.
Douglas (Doug) Bushby … is well known for his compelling images of the Korean War.
He is less well known for the hundreds of hours he dedicated to helping orphans, the wounded and POWs.
… no one was prepared for the sheer scope and force of the evil that would engulf the Korean Peninsula. No one anticipated that cities and villages on both sides would be razed, or that millions would lose everything they had, including their lives.
… … …
To find even a faint silhouette of goodness during the Korean War was, understandably, beyond the grasp of many. Yet, amid the sulfurous clouds and charcoal smoke, such moments did exist.
My son has never stayed away from me for such a long period and is too young to completely comprehend the reason behind this … He is crying daily in the video call requesting me to return back … It's so painful to watch him like that … I have lost all faith … I'm dying every day … I can't live without him ... I just want to come back to my son.
Every single passing day is increasing my anxiety and pain. It’s been three months now I am separated from my husband and my kids are separated from their father. This situation is very stressful and overwhelming.
I moved to Australia in 2017 to be with my daughter who is an Australian Citizen … I came on holiday to Japan for 3 weeks to visit my son on a Bridging Visa B, which expired on the 27th May … My son has submitted the exemption form 8 times, only to be rejected … I am 80 years old and suffer from high blood pressure, so this stress is not doing me any favours. I just want to go back to my home in Sydney and to my daughter.
We came to India on a Bridging Visa B, which expired on the 20th of May ... I am stuck here with my 8 year old son ... My husband is there in Australia ... My son is missing his school too ... My husband is struggling alone from the last 3 months in this pandemic situation and we are desperate to meet him ASAP.
I have been living in Australia for more than 7 years... I have a job where my employer desperately needs me back. I have a house I am still paying rent and all the utility bills for. I am on Bridging Visa B which expired on 26 May. I am extremely worried and going through depression because if I don’t come back soon I am afraid all my 7 years of hard work will be lost and I will be left with nothing.
It has been claimed that emails outlining how Holden planned to notify dealers and the Australian Competition and Consumer Commission (ACCC) about the closure—and the loss of about 600 jobs—were written on an afternoon flight from Detroit to Los Angeles in late January.
The email exchanges written on a laptop computer using in-flight wifi were visible to other passengers in nearby seats, according to a social media post seen by CarAdvice .
"So the managing director of Holden, Kristian Aquilina, was sitting in front of me on the plane," the Facebook post said.
"In the most incredible lapse of information security, he composed emails and reviewed documents about the end of Holden in Australia, to be announced in February," the social media post continued.
"He wrote about how to spin things with the ACCC, the dealer network and the timing of notifying employees … right in front of my eyes. (And) writing how concerned he was about leaks."
The Commission heard evidence about a litany of issues with the design and construction, some of which were ultimately found to be root causes of the present-day structural and stability concerns.
… … …
The commission found that the design of the primary spillway … was simply not wide enough.
The dispossession and subordination within a dominant and often hostile society frequently motivated self-interest, the development of racist attitudes both overt and hidden and the way in which these attitudes became institutionalised in the very practices of legal, educational, welfare and Aboriginal assistance authorities.
… he had no real idea of the degree of "pinpricking domination, abuse of personal power, utter paternalism, open contempt and total indifference" which confronted Aboriginal people in their everyday lives, with no personal control over one's own children, one's employment, personal savings and decisions as to whether to buy a car or other personal belongings.
… communities—
faced with a multiplicity of grants which effectively mean that agendas are being set elsewhere, that assumptions as to what is best for Aboriginal people are made elsewhere.
I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
Chief Minister Andrew Barr will … use his annual "State of the Territory" address to announce rate freezes for about two thirds of home owners.
Since releasing the debt genie from its bottle in 2013 net debt in the ACT has "ballooned" to Skywhale proportions. From a position of negative net debt of $736 million in 2011 it has increased in giant leaps, somewhat akin to the cravings of an ice addict for methamphetamine, the more you have the more you need, to a debt of $109 million in 2013; $910 million in 2015; $1.453 billion in 2017 and $2.216 billion in 2019 …
… abandoned by the Labor Party, ignored by the unions and are invisible to the Greens. Ironically, they now have nowhere left to turn but to Alistair Coe—
and who could blame them …
They mean increased financial stress, having to choose between maternity leave and returning to work early after only 8 weeks, no family holidays, no extracurricular activities for the children.
The cost to our budget due to rates is significant. We have to go without to make sure they can be paid.
In addition to hurting its own constituents, the disgusting greed of the ACT Labor Government directly damages small businesses and harms the underemployed throughout the territory.
I feel like a cash cow for Barr Government as they are making up any excuse to get more money. Services in the south are dismal. So money leaves our pockets and we see no return.
The rates increases mean I have more difficulty in paying other bills and I have less discretionary funds. Also, what on earth did they spend it on? We have the worst hospital in Australia and dilapidated unmaintained local parks.
Yes, it is dominated by men and in many cases those people will be supporting families …
Yes, it is dominated by men and in many cases those people will be supporting families …
We know there is a disproportionate impact on women.
… which identify key parts of the labour force, key parts of the Australian community we need to focus on as we prepare and plan our way out and make our way out.
Women have been the hardest hit through COVID-19.
… it is essential that this issue—
be actively considered as a part of Australian elections.
… required delivery time for regular intrastate letters will be extended to five days after the day of posting …
There will be no redundancies offered to these workers …
About $1.4 billion worth of funding out of $2 billion—
is already hitting the ground in communities
That the Senate take note of the answers given by the Minister for Women (Senator Payne) to questions without notice asked by Senators Pratt and Bilyk today relating to the economic impacts of COVID-19 on women.
That the Senate take note of the answer given by the Minister for Families and Social Services (Senator Ruston) to a question without notice asked by Senator Siewert today relating to the JobSeeker payment.
That the Senate take note of the answer given by Senator Ruston to a question without notice asked by Senator Faruqi today relating to animal welfare and live exports.
Competition and Consumer Amendment (Australian Consumer Law—Country of Origin Representations) Bill 2020
That the following bill be introduced: A Bill for an Act to amend the Competition and Consumer Act 2010 and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Today I am pleased to introduce the Competition and Consumer Amendment (Australian Consumer Law―Country of Origin Representations) Bill 2020.
This Bill marks the next step towards implementing the Government's commitment to establish robust country of origin labelling laws for Australian made complementary medicines.
The amendment lays the foundation for Australian made complementary medicines to have robust access to a safe harbour Australian origin claim and to the 'Australian Made, Australian Grown' logo - the iconic kangaroo in a triangle symbol.
We are justifiably proud of our vitamin and minerals manufacturers, our so called "complementary medicines" sector, and the high quality, diverse product range it delivers to growing local and export markets.
The sector made various representations to the Government, outlining concerns about the impact of changes to country of origin claims in Australian Consumer Law made by the Competition and Consumer Amendment (Country of Origin) Act 2017 .
This 2017 amendment limited the circumstances under which products can meet the definition of 'substantially transformed' in the Competition and Consumer Act 2010 , which in turn limited access to the safe harbour provisions that apply to an Australian origin claim.
To address these issues, the Minister for Industry, Science and Technology, the Hon Karen Andrews MP, established a taskforce to review the industry's concerns and identify possible solutions.
This Bill has been informed by the taskforce's extensive consultation with relevant stakeholders including state and territory government agencies, Complementary Medicines Australia, manufacturers within the complementary healthcare sector, industry stakeholders with an interest in 'Made in Australia' claims, consumer organisations and Australian Made Campaign Limited.
Reporting in February 2019, the taskforce highlighted the importance of origin labelling to the Australian community while also acknowledging the high level of concern from the complementary medicines sector, with the loss of Australian origin labelling.
The report also highlighted the great faith consumers placed in an Australian origin claim.
The research indicated that labels featuring an Australian origin claim, together with a bar chart and a statement indicating the proportion of Australian ingredients, best conveyed this information.
Complementary medicines manufacturers believe the Australian brand, together with our high product safety standards and scrutiny of manufacturing practices by the Therapeutic Goods Administration, are all key to our strong reputation for a well-made, safe product.
Following the taskforce's report, we undertook a public consultation process in October 2019. We sought the views of the public and industry on a number of options to make Australian origin labelling more accessible for complementary medicines.
And finally, we put a reform proposal to the states and territories through the Consumer Affairs Forum.
State and territory ministers representing their consumer affairs portfolios agreed with the Government's proposal to amend the Australian Consumer Law in a two-step process.
That is why in December 2019, as a first step, we restored access to 'Australian Made' claims for complementary medicines manufactured in Australia, by enacting the Competition and Consumer Amendment (Australian-made Complementary Medicines) Regulations 2019 . These 2019 regulations were an interim solution.
The on-going solution we are now preparing to deliver with the passage of this Bill is part of the second step the states and territories are supporting us to undertake.
Following passage of the Bill, we will make new regulations to prescribe one or more processes in the Australian manufacture of complementary medicines that will meet the definition of 'substantially transformed'. We will also introduce an information standard to govern labelling on complementary medicines when an Australian origin claim is made under these reforms.
The Prime Minister has been very clear in tasking the Minister for Industry, Science and Technology to map the way forward and work, with a whole of government approach, to create the right conditions for Australian manufacturing to grow.
Our export capability is a vital driver for manufacturing. It is difficult to over-state the critical importance of export markets to enable real growth for our economy.
We are a trading nation, always looking at how to develop and diversify our export markets.
The complementary medicines sector is an important and growing contributor to Australia's economic prosperity through increasing exports. It has a positive reputation both in Australia and overseas, over a diverse product range.
The industry supports the employment of around 29,000 people, with exports valued at over $1 billion in 2019, up over 15 per cent on 2018.
In the first three months of this year we exported almost $225 million worth of complementary medicines.
It is in the national interest to grow this lucrative sector, and the Bill that I am introducing today marks another step on that journey.
In these current challenging times, there has been a groundswell of community support for Australian made products, which is good news for local manufacturers of complementary medicines.
I know businesses are always concerned that when regulation is introduced, the compliance will be onerous. Regulations made under the changes we are introducing will only apply to those businesses that choose to rely on the new safe harbour provision.
If a business does not want to make an Australian origin claim under these reforms - that is, these changes to the Act, creation of new regulations and an information standard – then that business will not face any additional regulatory burden. It will not be required to comply with new labelling requirements.
These changes will provide long term certainty to the complementary medicines sector on their safe harbour, Australian origin claims, while responding to consumers' concerns on country of origin labelling.
The Bill strikes the right balance between encouraging domestic sales and exports, while maintaining consumer confidence in the transparency of Australian origin claims, and in the value of the widely recognised 'Australian Made, Australian Grown' logo.
This Bill reflects the Government's commitment to support manufacturers and ensure that they continue to play a critical role in creating more local jobs and further driving Australia's future economic growth.
I commend this Bill.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Broadcasting Services Amendment (Regional Commercial Radio and Other Measures) Bill 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Bill 2020
Therapeutic Goods Amendment (2020 Measures No. 1) Bill 2020
Treasury Laws Amendment (2020 Measures No. 2) Bill 2020
Treasury Laws Amendment (2020 Measures No. 3) Bill 2020
Treasury Laws Amendment (More Flexible Superannuation) Bill 2020.
Commonwealth Electoral Amendment (Banning Dirty Donations) Bill 2020
That the following bill be introduced: A Bill for an Act to amend the Commonwealth Electoral Act 1918, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
I welcome the opportunity to introduce this Bill today, and take a first step towards getting dirty money out of politics. I would like to acknowledge the important work done on this issue by former Senator Lee Rhiannon and Senator Richard di Natale that has assisted in the development of this bill.
If passed, this bill would stop dirty industries with a track record of seeking to influence decision makers through donations – the banking, mining, defence, pharmaceutical, liquor, tobacco and gambling industries - from making political donations. The bill would also limit the amount that can be donated by individuals and other entities to $3,000 per election term, minimising the opportunity for big money to buy outcomes.
There has never been a more important time for donation reform. Our democracy is in trouble. Public trust in parliament and politicians is at an all-time low, and the community feels less and less confident that their representatives represent them, rather than doing the bidding of their corporate donors.
And it's no wonder. One hundred million dollars is the amount of corporate donations that the Labor, Liberal and National parties have taken since 2012 from the big banks, from industries like mining, defence and big pharma, from property developers, and from alcohol, tobacco and gambling companies. These are just some of the industries that have paid the Liberal, National and Labor parties to put their private profits ahead of the needs of our community.
These industries are not donating tens of millions of dollars because they believe in the institution of strong democracy. They are donating because it gets results.
The Greens have maintained the www.democracyforsale.org website for over a decade, tracking publicly disclosed political donations and putting a spotlight on influence-peddling. In 2018, the Senate Select Committee on the Political Influence of Donations laid out examples of the nexus between donations made by industry bodies and public policy outcomes or project approvals. The cosy relationships and the proximity of donations and policy outcomes that boost industry profits suggest undue influence.
Recognising the corrosive influence that donations from the development sector had had on planning policy, infrastructure, and urban development, Queensland and New South Wales have both legislated to restrict political donations from property developers. The High Court has upheld these restrictions and this Bill seeks to extend those to the Federal arena. But it also recognises the influence of other key industries.
Since 2012, the fossil fuel and resources industries have donated over $7.5 million to both of the major parties. They get $6 billion a year in fossil fuel subsidies. That's cheap fuel and accelerated depreciation that the rest of us don't get. That's a pretty good return on investment - about $2,000 in subsidies for every dollar they donate. Generous donations have also bought them a Liberal government that is completely paralysed by the words 'climate change' at a time when the Australian community faces a future of more extreme bushfires, crippling droughts and floods.
The cosy relationships and financial support have led to a situation where, despite overwhelming scientific evidence demanding action to address the climate crisis, borne out by the recent devastating bushfire season, no coal mine or coal seam gas project has ever been rejected by the Federal government – Coalition or Labor.
The gas industry donates millions of dollars to the government, so it was no great surprise when the Prime Minister appointed his gas industry mates to the National Covid Coordination Commission and did not even require them to publish their conflicts of interest. It was also no surprise when a Taskforce of that Commission called for and received government support for a "gas led recovery" and a plan focussed on projects that directly benefit the gas industry. Representatives who met with the Taskforce have confirmed that discussion was dominated by gas projects, ignoring renewable energy proposals despite strong support for a renewables-led recovery from scientists, economists and policy analysts. Again, the community loses the opportunity for a sustainable recovery because the government is beholden to its fossil fuel donors.
The banking and financial sector is also a regular contributor and beneficiary. The sector has donated about $60 million since 2012 to both sides of politics, and that support secured them immunity for some time despite the evidence of customers being ripped off all over the country. Both of the major parties had to be dragged to the banking royal commission, something the Greens campaigned for since 2014, following scandal after scandal and public backlash over their inaction. How much faster would the commission have happened if the Liberal, National and Labor parties weren't on the payroll of the banks? And would we have seen stronger action in response to the scathing royal commission report?
The gambling industry is another significant donor to State and Federal political parties, and their influence can be seen in the deeply entrenched support for poker machines throughout Australia. ClubsNSW donated heavily to the Liberal party following Labor's commitment to Andrew Wilkie pokies reform. Submissions to the Senate Select Committee into the Political Influence of Donations inquiry set out the clear efforts of ClubsNSW to support Coalition members who opposed the ALP / Wilkie, funnelling $30,000 to then opposition spokesperson on gambling, Kevin Andrews, and a further $10,000 following the Coalition's election and repeal of the poker machine regulations.
These are only the donations that we know about, none of which have been illegal. It doesn't include money paid to attend business forums or cash for access meetings, it ignores exorbitant subscription or membership fees, and it doesn't include money funnelled through representative and fundraising bodies.
But regardless of the source or the amount, the obvious expectation from industry is that donations will return results. They're buying outcomes. This feeds the public perception that decisions in this place are made improperly, with self-interest and the interests of donors and mates consistently overriding the public interest.
In banning political donations from those industries that have a history of seeking to influence policy decisions, the bill implements a key recommendation of the Senate Select Committee into the Political Influence of Donations. It makes it an offence for a prohibited donor to make a donation, or solicit another person to make a donation on its behalf. It is also an offence to accept a donation from a prohibited donor.
Another Committee recommendation that this bill seeks to implement is to limit all other political donations to $3,000 in an election term. As the High Court recognised in McCloy v NSW, uncontrolled use of wealth to influence decision-making compromises equal participation in democracy. By aggregating and capping all political donations made by any person or entity, the bill seeks to level the playing field and avoid those with more money gaining greater access to government.
The bill will limit donations made for political purposes, but is not intended to limit donations made to political campaigners or other entities to support their non-campaign activities.
The bill makes it unlawful to accept a donation above the donation cap, and allows the Commonwealth to recover the excess as a debt. The bill complements reforms to strengthen the disclosure regime. However, the bill also recognises that, in the absence of real-time disclosure laws or a standardised register, there may be a time delay in aggregating donations. Where a donation is accepted in error that exceeds the cap, the recipient has the opportunity to return the excess to the donor to correct the error.
The Australian public are demanding more transparent and representative government that acts in the public interest. This bill is an important first step towards getting big money out of politics and restoring public confidence in our democracy.
If we are committed to enhancing the democratic process, which surely is something that every parliament should regularly turn its mind to, this should be a priority. This bill does not stifle debate or prevent individuals from donating to support a political party. It bans donations from industries that have become associated with having a corrupting influence on how we work as decision makers and will return democracy to the community.
I commend the bill to the Senate.
That the Senate—
(a) notes:
(i) that many of the world's 1.6 million seafarers are currently trapped on board ships as shore leave has been cancelled due to COVID-19, including many hundreds of Australian seafarers, and the cancellation of shore leave for workers who have been at sea for up to nine months can have a significant impact on the seafarers' physical and mental health, and
(ii) for over 20 years, Sister Mary Leahy, known as the angel of Sydney's waterfront, has worked as Chaplain to seafarers either visiting or based in Sydney — Sister Mary's work is praised by seafarers and shipping company CEOs alike; and
(b) records its thanks to Sister Mary, and her team of volunteers, for the important work she is undertaking with, and on behalf of, seafarers during these most challenging times.
That the Senate—
(a) recognises that all people in Australia, regardless of their ethnicity, cultural or religious background, deserve to be respected in our society;
(b) notes the letter from more than 30 community groups in response to a rise in racist attacks and commentary in Australia;
(c) acknowledges that racism has negative physiological and psychological impacts; and
(d) calls on the Government to:
(i) immediately begin a bipartisan approach to the development of a national racism strategy that will build a more tolerant and inclusive society, and
(ii) immediately begin a bipartisan approach to developing a national racism campaign that educates and sends a message of zero tolerance to any form of racism in Australia.
That the Senate—
(a) acknowledges that:
(i) many Australians face challenges physically accessing the wider community, whether they live in urban, regional or remote areas, and
(ii) many Australians living with disability do not have access to reliable, affordable and safe transport;
(b) notes that:
(i) around 4.4 million Australians live with disability,
(ii) the lives of many of these Australians can be significantly improved by the National Disability Insurance Scheme with the right commitment, funding and effort to work through the issues that they face on a daily basis,
(iii) too often, barriers to transport, both economic and practical, prevent Australians living with disability from participating fully in the social and economic life of our community,
(iv) too many Australians with disability are not able to access reliable, affordable and safe transport when they need it most, and
(v) further research and publicly accessible data is required which details the use of transport by Australians with disability; and
(c) calls on the Government to prioritise the transport needs of all Australians living with disability.
That General Business Order of the Day no. 23, relating to the Social Services Legislation Amendment (Ending the Poverty Trap) Bill 2018, be discharged from the Notice Paper .
That the Senate—
(a) notes that Disability Support Pension and Carer Payment recipients did not receive the $550 per week coronavirus supplement;
(b) recognises that disabled people and carers are:
(i) experiencing higher vulnerability to COVID-19, disruption to essential supports and services, and increased economic insecurity during the pandemic,
(ii) reporting increased living costs as a result of COVID-19 and increased economic insecurity, and
(iii) more likely to be hit hardest by the recession because they are already disadvantaged within the labour market;
(c) acknowledges that 40% of people on the Disability Support Pension, and 20% of people on Carer Payment are living below the poverty line; and
(d) calls on the Government to immediately provide additional financial support to Disability Support Pension and Carer Payment recipients, and ensure its COVID-19 recovery plan includes specific strategies to support disabled people and carers.
That the Senate—
(a) notes that:
(i) between World War 2 and the 1970s, the average unemployment rate was 2%, and
(ii) since the 1980s, 5% unemployment has been considered 'full employment' by most governments, even though it means hundreds of thousands more people either have no work or not enough work; and
(b) considers that:
(i) 'full employment' should mean what most people think it means, namely that everyone who wants a job can get one, and
(ii) Australia should have a full employment target of 2% unemployment and 2% underemployment.
The Senate divided. [15:52]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) more than 100 greyhounds have been killed at racing tracks across Australia so far this year,
(ii) more than 3,000 injuries have been suffered by greyhounds at racing tracks across Australia so far this year, and
(iii) unlike other sports, greyhound and horse racing was allowed to continue during COVID-19 in all states and territories where it usually operates, with the exception of Tasmania;
(b) recognises that greyhound racing is an inherently dangerous and cruel 'sport'; and
(c) calls for a national ban on greyhound racing.
The Senate divided. [15:55]
(The President—Senator Ryan)
That the Senate—
(a) notes that, as part of the acreage release process, the Government is asking industry to nominate areas they are interested in for oil and gas exploration around Ningaloo Reef, Shark Bay, and the Exmouth Gulf;
(b) acknowledges that:
(i) the Exmouth Gulf is a rare and precious estuarine system and crucial to the health of the World Heritage listed Ningaloo Reef,
(ii) Ningaloo Reef is one of the world's last healthy coral reefs and is home to humpback whales, whale sharks, dugongs, sawfish, turtles, and seagrass,
(iii) Shark Bay is World Heritage listed, satisfying all four criteria for natural heritage values, and is home to stromatolites which are among the oldest forms of life on earth,
(iv) any seismic exploration and drilling could have a devastating environmental impact on these areas, and
(v) areas south of the Pilbara are too environmentally sensitive to risk; and
(c) calls on the Federal Government to remove Ningaloo Reef, Shark Bay, and the Exmouth Gulf from the acreage release process.
The Senate divided. [16:00]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Northern Territory (NT) Gunner Labor Government closed the NT border on Tuesday, 24th March 2020, without a plan to re-open the border, citing expert medical advice as the foundation of this decision, and
(ii) Northern Territory Leader of the Opposition and Country Liberal Party Leader, Mrs Lia Finocchiaro MLA, has asked Chief Minister Gunner on multiple occasions to explain his criteria for re-opening the border, and he has not provided an acceptable answer detailing the criteria upon which a decision will finally be made;
(b) recognises that:
(i) the last Territorian resident to have tested positive for COVID-19 was diagnosed on 6 April and there has never been an instance of community transfer of the virus in the NT,
(ii) there has been a total of 30 cases of COVID-19, all of whom recovered, and with no deaths recorded within the NT,
(iii) comments made by Prime Minister Scott Morrison on 27 May 2020 that "the national medical advice that came from the expert panel that has driven all the other decisions never recommended closing (interstate) borders" and that border closures such as these "do harm the economy, they do harm jobs and it is important that we get those removed as soon as possible", and
(iv) over the past four years the economy of the Northern Territory has suffered greatly under the Gunner Labor Government, with most businesses now under enormous financial stress while the NT border remains closed; and
(c) calls on the NT Gunner Labor Government to:
(i) provide certainty and clarity to the people of the NT on when the Territory border will re-open,
(ii) deliver a real plan for re-opening the border, with identifiable targets, clear criteria and structured goals, based on the expert medical advice provided by the Chief Medical Officer of Australia, and
(iii) commit to re-opening the NT border by next Monday, 22 June 2020.
That the Senate—
(a) notes that:
(i) the Morrison Government's handpicked National COVID-19 Coordination Commission was established without clear terms of reference,
(ii) the membership of the Commission and its Manufacturing Taskforce is dominated by people with ties to the gas industry and who stand to benefit from investment in gas projects, including the Narrabri pipeline championed by the Commission,
(iii) despite requests for greater transparency, all but one of the members of the Commission have declined to make their conflict of interest disclosures publicly available,
(iv) members of the Commission's Manufacturing Taskforce are not required to disclose their conflicts of interest to the Prime Minister and Cabinet even though public records show some hold shareholdings in companies that would benefit from the projects the Taskforce recommends,
(v) Paul Bastian, a member of the Manufacturing Taskforce, has reported that the Taskforce is overwhelmingly focused on a gas-led recovery and did not give adequate consideration to renewable energy projects, and
(vi) the Commission has failed to give comprehensive, independent consideration to important economy-boosting projects such as renewable energy and public housing infrastructure; and
(b) calls on the Federal Government to disband the National COVID-19 Coordination Commission.
The Senate divided. [16:04]
(The President—Senator Ryan)
That the Senate—
(a) notes the imminent end to many of the government's COVID-19 economic response measures, including:
(i) the JobKeeper wages subsidy which is due to finish on 27 September 2020, except for childcare centres for whom JobKeeper will finish at the end of June 2020,
(ii) the increase in JobSeeker and other social security payments which are due to finish on 24 September 2020, along with the relaxation of eligibility criteria,
(iii) economic support payments to eligible income support recipients, the last of which will be made during July,
(iv) free childcare, which will finish at the end of June 2020,
(v) cash flow support for small and medium sized enterprises, which is due to finish at the end of September 2020,
(vi) the apprentice wages subsidy for small and medium sized enterprises which is which is due to finish at the end of September, and
(vii) arrangements for eviction moratoriums, rent reductions and mortgage holidays, which are all due to finish at the end of September; and
(b) calls on the Federal Government to:
(i) extend economic response measures so as to avoid more people losing their jobs, more people having their income reduced, and more people falling into poverty,
(ii) develop a government-led recovery plan that will create the jobs for the future, and
(iii) announce these measures urgently so as to provide certainty and confidence, and to give the nation the best chance of making a strong recovery.
That the Senate—
(a) notes that:
(i) it has been more than three months since COVID-19 physical distancing rules effectively shut down the arts and entertainment industry overnight,
(ii) hundreds of thousands of workers in the arts and entertainment industry have been impacted, and
(iii) the Morrison Government has not announced any specific industry assistance for arts and entertainment;
(b) calls on the Morrison Government to detail and deliver a recovery package for the arts and entertainment industry; and
(c) transmits this resolution to the House of Representatives for concurrence
That the Senate—
(a) notes that 14 June to 20 June 2020 is Refugee Week in Australia, and that 20 June 2020 is World Refugee Day;
(b) reaffirms Australia's commitments as a signatory to the Convention Relating to the Status of Refugees;
(c) agrees that:
(i) refugees and people seeking asylum have made, and will continue to make, significant contributions to Australia's social fabric and economic well-being, and
(ii) the indefinite detention of refugees, both offshore and onshore, causes trauma and harm to people who have applied for refugee status under the Convention Relating to the Status of Refugees; and
(d) calls on the Federal Government to immediately accept the kind offer from the New Zealand government to provide resettlement to 150 people each year from Australia's offshore detention cohort.
The Senate divided. [16:13]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) on 8 April 2020 the Senate unanimously supported the establishment of the Senate Select Committee on COVID-19 to inquire into the Government's response to the pandemic,
(ii) the Leader of the Government in the Senate told the chamber on 8 April 2020 that "we do believe there is a need for scrutiny" and that "it is very important to have in place a committee of the type that is being proposed",
(iii) the Government has refused to provide the Senate Select Committee on COVID-19 with important information relevant to its inquiry including:
(A) modelling and scenario work undertaken by Treasury on the Government's response to the COVID-19 pandemic, and
(B) the date the Chief Medical Officer first briefed Cabinet on COVID-19, and
(iv) in relation to each of the examples in paragraph (a) (iii):
(A) the Government has asserted that it cannot provide the relevant information because it pertains to Cabinet,
(B) the Government has failed to make a public interest immunity claim in relation to the information sought,
(C) in particular, no attempt has been made to identify any specific harm to the public that would result from disclosing the information, and
(D) the Committee has reiterated its requests for information and, in the case of the Treasury modelling, did not accept the Department's answer;
(b) reaffirms:
(i) the resolution of the Senate of 16 July 1975 relating to the powers of the Senate and the accountability of witnesses and requiring that any claim to withhold information from the Senate be based on an established ground,
(ii) the order of the Senate of 13 May 2009 (the 'Cormann order'), which sets out the process to be followed for witnesses, including ministers, to raise public interest immunity claims, including by stating the grounds of those claims and the harm that might be occasioned by providing the information, and
(iii) the principle that information may only be withheld following consideration by the Senate of a properly founded claim of public interest immunity, as laid out in the Cormann order and reaffirmed in orders of the Senate of 22 September 2020, 10 February 2011, 3 March 2016, 11 October 2016, and 12 September 2017; and
(c) orders the Minister representing the Treasurer and the Minister representing the Minister for Health to provide the information identified in paragraph (a) (iii) to the Senate Select Committee by 12 pm Thursday 18 June.
The Senate divided. [16:22]
(The President—Senator Ryan)
Pursuant to Standing Order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Morrison Government's continual failure to deliver, leaving Australians to suffer the consequences.
Every theatre has at least one ghost, and when they come out at night we don't want them bumping into scenery or disturbing props.
We decided that the entire House needed something to look forward to. A beacon, if you like. It's about us saying, 'We haven't gone forever, we're coming back and we're going to leave the lights on to show you that.'
That the Senate take note of the document.
CHEAP loans aimed at boosting the nation's forestry plantations have yet to be rolled out, more than a year after they were first promised.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the report.
So, right from the beginning, we worked with elders, leaders and peak organisations. Working with my colleague Greg Hunt, we used the Biosecurity Act to define secure areas for remote communities in order to isolate them from people bringing COVID-19 in. One of the best expressions I heard was from an elder who said, 'This thing has no songline, and we don't want to create a songline that brings death.'
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the document.
… most conspicuous gallantry, or daring or pre-eminent acts of valour or self-sacrifice or extreme devotion to duty …
In my opinion, the Prime Minister has taken the right decision …
It is not this place's job to kick this around like a football or like a can down the road.
That senators be discharged from and appointed to committees as follows:
Rural and Regional Affairs and Transport Legislation Committee—
Discharged—
Senator Green
Participating member: Senator Gallacher
Appointed—
Senator Gallacher
Participating member: Senator Green.
Rural and Regional Affairs and Transport References Committee—
Discharged—
Senator Sheldon
Participating member: Senator Gallacher
Appointed—
Senator Gallacher
Participating member: Senator Sheldon.
Joint Select Committee on Road Safety—
Discharged—
Senator Sterle
Participating member: Senator Gallacher
Appointed—
Senator Gallacher
Participating member: Senator Sterle.
Therapeutic Goods Amendment (2020 Measures No. 1) Bill 2020
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (GOVERNANCE) AMENDMENT BILL 2020
Today I introduce the National Vocational Education and Regulator Amendment (Governance and Other Matters) Bill 2020.
The Australian vocational and education training (VET) sector is a vital engine that drives the Australian economy. The VET sector supports millions of students each year to obtain skills and expertise for success in future employment and further education. It provides agile pathways for people to enter the workforce, upskill or reskill.
VET qualifications and training need to be of a high standard to ensure they are trusted by students and employers and benefit the wider Australian community.
Delivering excellence in training lies at the heart of the Australian Government's skills agenda. That is why in October 2019, this Government announced reforms to the agency responsible for regulating the VET sector ‑ the Australian Skills Quality Authority (ASQA).
The Government has committed $18.1 million towards reforms to enhance ASQA's engagement with the VET sector and ensure its regulatory approach is fair, transparent and effective. The reforms respond to the Braithwaite and Joyce reviews which both called on ASQA to adopt a greater educative role and improve its regulatory approach.
The first phase of reform is a rapid review of ASQA's governance, culture and processes which commenced in November 2019. The review is evaluating the effectiveness of ASQA's internal regulatory practices and processes, including how ASQA makes and reviews decisions. The review is due for completion in March this year and will inform a longer term program of improvements to support ASQA's continued evolution as a modern and effective regulator.
While the review is ongoing, initial work focussed on ASQA's governance. The regulatory experts undertaking the review evaluated the alignment of ASQA's current governance arrangements with best practice guidelines and arrangements of comparable bodies across Australia and recommended a revised model for ASQA to support effective, modern, fit‑for‑purpose governance.
The revised governance model in the Bill draws on best practice for Commonwealth regulators. It replaces the existing three commissioner structure with a single agency head, to be known as the Chief Executive Officer (CEO) of ASQA. This will enable the CEO to perform a role more consistent with that of the head of an agency, including leading ASQA's long and short-term strategy and making top-level managerial decisions that determine the organisation's objectives, resources and policies. This will be supported by a revised organisational structure which will better allocate and clarify operational responsibilities and improve regulatory decision‑making.
Further, the Bill establishes a statutory Expert Advisory Council to advise the CEO of ASQA. The Advisory Council fills a gap at the strategic level. Rather than representing particular stakeholder or jurisdictional interests, the Council will provide ASQA with access to expert strategic advice to help it to continuously improve as a regulator while maintaining its independent regulatory decision making. The Council will also create a mechanism for meaningful sector engagement and demonstrate ASQA's commitment to ongoing improvement and learning from the expertise of others.
The members of the Advisory Council will bring to the table diverse skills such as expertise in regulation, communications, delivering training, and experience operating a training provider. To ensure the right mix of people and skills, I will seek out the views of the Ministerial Council for Skills before appointing the Chair or members to the Advisory Council. The Advisory Council will not be a decision-making body but rather a valuable source of strategic advice, a vehicle for confidential information-sharing and a strong foundation for stakeholder confidence in the regulator.
The revised governance model will enhance ASQA's organisational capability and support best practice regulation, continuous improvement and effective engagement with the VET sector. The changes will facilitate a shift towards a regulatory approach which focuses on combining educating and engaging with registered providers to foster excellence, and compliance monitoring and enforcement. The revised governance arrangements will hold ASQA in good stead to address future challenges such as changes to its internal practice, enhancements to ASQA's educative role, and the significant reform anticipated in the VET sector over the coming years.
The Bill also includes information sharing arrangements that support use of data collected by the National Centre for Vocational Education and Training (NCVER) under the Act. Improved information sharing will support governments and regulators, so that the diverse needs and requirements of all Australians, including groups with different needs, such as people with disability and those where English is not a first language, are considered in policy, funding and regulation.
Promoting quality in the system will ensure that VET is valued as a legitimate and reliable pathway enabling individuals to achieve personal and professional development, and industry to access a work-ready skills base with consistent, relevant and nationally recognised knowledge and skills.
Quality regulation is integral to ensuring the training system is equipped to deliver high quality student outcomes and to efficiently adapt to changing skill needs, labour market fluctuations and developing technologies. These reforms will benefit not only ASQA, but also the providers they regulate, VET students, graduates, employers, and the Australian economy at large.
The Bill is another critical step in this Government's reform process to support ASQA's continued evolution as a transparent and balanced regulator that engages effectively with stakeholders and builds quality in the VET sector.
THERAPEUTIC GOODS AMENDMENT (2020 MEASURES NO. 1) BILL 2020
I am pleased to introduce the Therapeutic Goods Amendment (2020 Measures No. 1) Bill 2020, which amends the Therapeutic Goods Act.
This Bill supports the delivery of the highest quality healthcare for Australians by:
There are also a number of minor, unrelated measures outlined in the Bill, to reduce regulatory burden or make other improvements to regulation.
Main measures
This Bill implements three main measures.
First , the Bill amends a number of foundational medical device definitions to support the closer alignment of the regulation of medical devices in Australia with the EU framework, and more broadly with the global regulation of medical devices.
In particular, the Bill ensures that the definition of 'medical device' expressly covers software, implants and reagents. This reduces uncertainty around the definition of medical devices as those intended to be used for the prediction or prognosis of disease, the investigation, replacement or modification of a pathological process or state, the support of conception and the in vitro examination of specimens derived from the human body for a specific medical purpose. The Bill also brings the 'accessory' and 'system or procedure pack' definitions more into line with the EU terms.
These changes are designed to assist efforts to improve access for Australian consumers to new medical devices, by identifying Australia as a market that is closely aligned with the EU and for which access may be sought by device manufacturers and sponsors without delay, following EU approvals of their products. They also support recommendation 20 of the Expert Panel Review of Medicines and Medical Devices Regulation, agreed to by the Australian Government in its Response to the Review in September 2016, in relation to aligning the regulation of medical devices in Australia with the EU, wherever possible. These changes improve the clarity of these definitions which, in turn, supports better regulatory compliance for industry sponsors and manufacturers of medical devices.
Secondly , the Bill enables the Secretary to provide scientific advice to an applicant about prescription and over the counter medicines – before they submit a formal application to the TGA for marketing approval.
In some instances, it can be difficult for sponsors of medicines to determine the nature of information needed to support an application for registration, particularly in relation to whether a bioequivalence study is needed for a generic prescription medicine or what is required to justify not submitting a bioequivalence study. This uncertainty may risk sponsors investing considerable time and resources on evidence that is not needed, or providing insufficient evidence resulting in applications being rejected. Both instances may delay consumer access to new medicines and savings to the public through availability of generic brands.
To better support the timely availability of medicines for Australians, the Bill allows the applicant to request non-binding, scientific advice on prescribed aspects of the safety, quality or efficacy of a registrable medicine. While it is anticipated that initially this will focus on bioequivalence issues, the new power would allow a range of matters relevant to safety, quality or efficacy to be prescribed in the regulations.
The advice will be non-binding in that an applicant who requests such advice may apply for registration of a medicine regardless of the advice given in relation to the medicine. However, the TGA will be required to have regard to such advice when evaluating a medicine for registration. This will ensure that, in addition to helping medicine sponsors to have greater confidence about the requirements for an application, the advice will also directly support and streamline any subsequent application for registration.
Thirdly , the Bill introduces a data protection regime for assessed listed medicines – these are lower risk complementary medicines that are assessed in relation to their efficacy claims before they are given marketing approval.
This regime is based on the existing data protection regime in the Therapeutic Goods Act for innovator prescription medicines, and provide 5 years' protection for clinical trial information that a sponsor submits in support of an indication (i.e. health condition) for an assessed listed medicine. This will be in cases where the information is not currently publicly available and no other medicine has that indication at the time the application for listing is made. This will mean that a sponsor of another assessed listed medicine will not be able to utilise the same information in the evaluation of its own medicine during that 5-year period.
This measure is designed to provide an incentive for sponsors of assessed listed medicines to invest in clinical trials research and innovation and, in so doing, to improve the competitiveness of the Australian complementary medicines industry.
Other, minor matters
The Bill also contains a number of other, minor measures, to reduce regulatory burden, improve the consistency of regulatory requirements or make other minor changes to remove spent and redundant provisions, correct headings and codify a long-standing condition of marketing approval for registered and listed therapeutic goods.
These include changes to:
Health Insurance Amendment (General Practitioners and Quality Assurance) Bill 2020
Australian Sports Anti-Doping Authority Amendment (Enhancing Australia's Anti-Doping Capability) Bill 2019
Official Development Assistance Multilateral Replenishment Obligations (Special Appropriation) Bill 2019
Paid Parental Leave Amendment (Flexibility Measures) Bill 2020
Treasury Laws Amendment (2020 Measures No. 2) Bill 2020
That the committee does not insist on its amendments to which the House of Representatives has disagreed.
The committee divided. [18:28]
(The Chair—Senator Lines)
That Items 4 to 7 of schedule 1 of the Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 2) 2020, made under Schedule 1 of, be disallowed.
Keeping myself mentally and physically active, continuing to be a provider for my family and also working with my team, who after 40 years had become my family away from family.
Sacrificing time away from actual family for all of those years to be able to contribute to something greater, knowing I wasn’t a burden on society also filled me with satisfaction.
I have never asked nor received family assistance from the government. I didn't ever plan to.
Unfortunately, as of March this year, we were all asked to 'step down' from our jobs.
Four decades working for Qantas, wiped clean because the company had sold to a foreign entity. Something we came to find out the Australian government approved before it could be sold.
Now 4 months into Covid 19, having paid taxes for over 40 years regardless of who owned the company, not only was I out of work, unable to qualify for assistance I should have been entitled to and left revaluating all of my life's hard work and sacrifices to this point, I felt helpless, broken and unsure of what to do next.
My grandfather served in world war one and world war two. My grand uncle died on the battlefield in Polygon wood Belgium 26/09/1917 serving in world war one. My father passed away last year from illness received serving with the Australian Navy in Korea, yet you don't consider me to be Australian enough to receive JobKeeper. Please explain what your requirements are to be classed Australian. The Australian government allowed this sale to go through yet are punishing and sacrificing us for their poor decisions. You can help us to right this wrong. Please give us JobKeeper.
The Senate divided. [19:16]
(The Acting Deputy President—Senator Faruqi)
The Senate divided. [19:20]
(The Acting Deputy President—Senator Faruqi)
If the Minister considers that the implementation conditions relating to a proposal, or any of them, should be changed (whether because of changes to the proposal authorised under section 45C or for any other reason), the Minister may request the Authority to inquire into and report on the matter within such period as is specified in the request.
(a) a recommendation on whether or not the implementation conditions to which the inquiry relates, or any of them, should be changed; and
(b) other recommendations that it thinks appropriate.
A senator shall not use offensive words against either House of Parliament or of a House of a state or territory parliament, or any member of such House, or against a judicial officer, and all imputations of improper motives and all personal reflections on those Houses, members or officers shall be considered highly disorderly.